Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

Divorce

May 04

How Do Traditional Court Divorces Differ From Collaborative Divorce?

How Do Collaborative and Traditional Divorce Differ?

It’s never an easy decision to seek a divorce. However, there are different options available for couples who find that they can no longer salvage their marriages. Traditional court divorce and collaborative divorce are among them, but it’s helpful to know the differences between them.

What Is Traditional Divorce?

With a traditional divorce, one spouse files for divorce against the other while the other spouse may not want the divorce at all. This often leads to court proceedings. When there is a lot of animosity between the parties, it can lead to an emotional, long, drawn-out situation that’s uncomfortable. This is especially the case if the marriage involves children.

After one spouse files for divorce, the other is served the papers and is required to answer. The reason for the divorce that is usually specified by the plaintiff in a no-fault divorce is that the marriage has irretrievably broken down, although there are a number of “fault” grounds such as adultery if that is the path that is taken.

A traditional divorce involves disputes over many different matters within the marriage. It’s common for couples to disagree on issues like property division, spousal support or alimony, child custody and child support.

In traditional divorce proceedings, each spouse will likely want to have a divorce lawyer to represent them. The attorneys work hard to help the parties through the most important matters they cannot agree on. A judge makes the final decision on how property is distributed through the state’s equitable distribution laws. This means that all marital property and assets are divided fairly but not necessarily equally.

What Is Collaborative Divorce?

Collaborative divorce is an alternative option for ending your marriage. If the couple has an amicable split, collaborative divorce can work as it allows them to work together with their respective family law attorneys to decide on all the pressing issues within the marriage. While working together, you can ultimately come to a settlement that works for you and your spouse.

Negotiation is the key to a collaborative divorce proceeding. The spouses and their respective lawyers have periodic meetings until they are able to reach an agreement and a settlement. However, with collaborative divorce, if you aren’t able to settle all matters and you proceed to litigation, your attorneys are required to withdraw from the case, you each will have to hire a new divorce lawyer, and your case ends up going to court.

How Do These Two Options Differ?

Traditional court divorces and collaborative divorce are considerably different. Collaborative divorce can only occur when a married couple is open to working together to settle things. It’s a better option for getting a divorce faster and is better as a whole for your family. It’s called “collaborative” because of the way that both parties work together.

Collaborative divorce is often confused with divorce mediation. While both give couples the option of working together to settle their divorce, collaborative divorce does not involve a neutral third party to help the parties reach an agreement. Legal advice comes from the attorneys, which is something this method shares in common with traditional divorce. Other professionals might also be brought in to assist in helping the parties reach an agreement on specific matters. These professionals have expertise in areas of concern within the marriage such as a financial advisor or child psychologist.

With a traditional divorce, it’s common for the spouses to argue and have heated battles on issues. Collaborative divorce allows for the free exchange of information while agreeing to work together to settle things. It is also generally a less-costly process than a traditional court divorce.

Is Collaborative Divorce Right for You?

Collaborative divorce might be right for you if you and your spouse are willing to work together to negotiate all the terms of the end of your marriage. If you want a process that’s faster, private and confidential and that protects your children, you can benefit from this alternative method. Collaborative divorce allows you and your spouse to both take control over the eventual outcome and settlement.

If you live in or near Jenkintown, Pennsylvania, and are interested in learning more about the collaborative divorce process, give the Law Office of Joanne Kleiner a call at (215) 886-1266. You can also contact us online, and we’re happy to set up an appointment for you.

Apr 08

Preparing for Divorce as a Non-working Spouse

How to Approach Divorce if You Are a Non-working Spouse

Divorce can be a lengthy and costly process, and it comes with financial and emotional consequences. For non-working spouses, who often have devoted years to being homemakers, it can be scary as well, as the uncertainties that they face can seem overwhelming. However, they do have options that they should consider as they prepare and begin planning for life post-divorce.

Getting Back on Your Feet Can Take Time

When a marriage ends, you might feel like you want to rush into your new life and forget the past, but the divorce process takes time, and you will need the patience to go through it. The decisions that you make during this period might affect you for years to come, so make sure that you prepare well for it.

You will also need to begin preparing for your life post-divorce, and if you were the non-working spouse, you might worry about how to do this. If you have been out of the workforce for a long time, you might think you need to take the first job you can. However, during and after the divorce itself, you might also look at training and education options that will help you with your employment opportunities. This will take time, but it might result in a better paying and more satisfying job in the long run.

Preparing for the Divorce Negotiations

During this time, you might benefit from seeking guidance from a divorce lawyer, who can help you prepare for the negotiations over your settlement. At thi8s time, you will need to gather financial documents to get a clear picture of the type of settlement that will be just. Some of the documents you might gather include:

  • Bank statements for your savings, investment and checking accounts
  • Credit card statements
  • Vehicle titles and loan statements
  • Property titles and mortgage information
  • Retirement accounts, pension plans and insurance statements

Financial Options for Non-working Spouses During Divorce

You might still be worried about how you will support yourself as you acquire new skills, and this might make you afraid of the future. However, you do have financial options available to you that will help you get back on your feet financially, such as benefits from your divorce settlement, alimony or spousal support and child support.

While alimony payments might eventually run out and child support is used to cover the needs of your child, your settlement might also yield benefits that can help you as you transition back into the workforce. A divorce lawyer might help you understand your financial options.

Making the Tough Decisions

Divorce is also a time when you will have to make tough decisions that will impact you and your family. One of these might be whether to keep the family home or not. For example, for a non-working spouse, it might not be financially feasible to keep the house, so the decision might have to be to give it up during the settlement negotiations or to sell it and receive your part of the proceeds. You need to be prepared to make these tough decisions as you move forward with your life.

Dealing With the Emotional Impact

Like any other major change, divorce comes with an emotional impact. You might experience fear about what is coming and anger about what is ending. You will have periods of anxiety for the future while also being excited about leaving a bad situation. You will grieve for the relationship, the family and the life plan that you have to let go of to begin life after divorce. To deal with this impact, you might gather a support team made up of family members and friends who let you speak and listen to you, and you might seek professional support through therapists or psychologists.

Let the Law Office of Joanne Kleiner Help You

If you are considering divorce, you can contact the Law Office of Joanne Kleiner to request a consultation. Call 215-886-1266 or submit our online form today.

Mar 03

How Do You Divide Retirement Benefits After a Divorce?

Who Gets the Retirement Account in a Divorce?

Asset division is one of the most common reasons for disputes during a divorce. If you want to make things a little easier, it’s helpful to understand how retirement accounts are divided during the process.

Are Retirement Accounts Joint or Separate Property?

During a divorce, the main question about any asset is whether it is personal property or marital property. If the retirement account is separate, personal property, then the original owner of it retains control. If the account is a marital asset, it and other types of joint property all have to be split up.

The basic rule for determining what counts as joint property is in part when the property was acquired. Accounts started after marriage are usually marital property. If the account was started before marriage but either spouse contributed money to the retirement account following marriage, a proportionate amount of the account becomes marital property.

A retirement account is usually only personal property if you quit adding funds once you got married. Some types of prenuptial arrangements can also mean that certain retirement accounts remain personal property regardless of whether money is contributed after marriage.

Different Types of Retirement Accounts Are Handled Differently

To figure out how to fairly split retirement accounts in a divorce, you need to pay close attention to the retirement account type. For a traditional IRA or 401(k), it is simple. There are some basic formulas your divorce lawyer can use to quickly estimate how much you contributed and how the property should be divided.

Things get more challenging with defined benefit plans like pensions. These involve an employer providing their employee with a certain amount of money at retirement, and the amount the employee gets is based on how long they work there. Since there is no way of knowing how long a person will continue to be an employee, your lawyer will have to just roughly estimate the value.

Strategies for Dividing Retirement Accounts Fairly

Whenever you are handling retirement accounts in divorce, it is a good idea to be flexible. For many couples, the simplest option is just agreeing that each party keeps all the funds of the retirement account in their name. However, this isn’t always a fair or possible option. Another common choice is offering a cash payment in exchange for complete control of an account. For defined benefit plans, the court along with the plan administrator will require a Qualified Domestic Relations Order. This allows the spouse who doesn’t own the plan to get a certain amount of the plan benefits.

It is also possible to divide the retirement account into two new retirement accounts that each contain a certain proportion of the funds. You could ask to retain control of a retirement account in exchange for other perks. For example, one spouse could take the retirement account while another takes the house. You could even negotiate a lower alimony payment in exchange for a retirement account.

How to Resolve Retirement Account Division Disputes

In an ideal world, you and your ex-partner would be able to quickly and easily find a mutually-satisfactory way to divide up retirement accounts. However, if you and your ex cannot come to a quick agreement on your own, your divorce lawyers can try negotiating. You can send offers and counter-offers to your ex that suggest different asset division strategies.

If this does not work, it might be time to get a neutral party involved. Many people are finding that a mediator can help settle disagreements in a mutually satisfactory way, or you can get a judge to divide the accounts in court. Though there is no guarantee that things will go in your favor, having a judge decide how to divide your retirement accounts can settle arguments once and for all.

Interested in learning more about retirement account division? The Law Office of Joanne Kleiner is here to help Montgomery County residents with their divorces. Call 215-886-1266 or send us a message to arrange a free consultation.

Feb 06

How to Use a Mediator to Create a Co-parenting Plan

Tips for Using a Mediator to Create a Co-parenting Plan

About 90% of child custody cases are resolved without a battle in court. However, keep in mind that a judge still needs to approve the settlement agreement.

Should You Use a Mediator?

In most situations, it’s a good idea for divorcing spouses to use a mediator. The exception is if your spouse is abusive. Informing the court of the abuse is important to help protect yourself and your child. If you want to try mediation, you do have the option of being in separate rooms during it to help you feel safe and more at ease with expressing yourself.

As long as both you and your spouse are willing to participate in the mediation process, it’s less expensive than battling it out in court. When a mediation fails, you will have to go to court. Thus, it’s best if your spouse is willing to do their part in a peaceful mediation. You can look over these tips together to make sure that both of you negotiate in a respectful and fair manner.

Set aside any hard feelings for the sake of saving money and walking away from the divorce in the best situation possible. When couples get too caught up in revenge during the divorce process, they often find themselves in a worse financial situation after the divorce.

Avoid Saying “Never” or “Always”

Ultimatums automatically put the other person on the defensive, so you should avoid using them in communication. Rather than saying “you never do this” or “you always do this,” phrase it as “I feel upset when you do this.” It’s also better to avoid starting sentences with “you” because it tends to make the other feel defensive, which is why the example begins with “I” instead of “you.”

Compromise Comes with Mediation

Go into mediation understanding there will be give and take. Before the mediation, write down what’s most important to you and what you’re willing to compromise. This will help you keep clarity during the discussion of what truly matters to you. If you butt heads on an issue that’s important to you, listen to the mediator’s suggestions on finding a compromise that both of you can be happy with. This dispute resolution tool is only effective when both participants are willing participants and want to find a win–win deal.

Be Willing to Discuss Finances and Future Relationships

When it comes to negotiating a co-parenting plan, be aware that finances and future relationships may be discussed. You and your spouse want to make sure that your child is in a safe environment if they will be traveling between your residences. If you were to refuse to discuss these issues because of privacy, it will interfere with a successful mediation. Remember that court is an even less private place where people from the public will hear the details of your case.

Keep the Discussion Focused on Co-parenting

Don’t make comments regarding other aspects of the divorce. Stay focused on resolving your co-parenting issues only. You can schedule another mediation if you still have other aspects of your divorce to negotiate.

Ask for a Short Break If You Need One

It’s important that you don’t allow your emotions to get the best of you. It’s okay to politely ask for a short break when you feel your emotions becoming too much for you. Focus on taking slow, deep breaths and think about things that make you happy to help yourself calm down. Remind yourself of the benefits of staying calm, and imagine a positive outcome, then return to the discussion renewed. Be understanding and compassionate if your spouse needs a short break too. Don’t take it personally.

Consult with a Divorce Lawyer Before the Mediation

The settlement agreement that you sign after a mediation is legally binding. It’s a good idea to consult with a divorce lawyer before your mediation because they can advise you on when it’s best to give and take based on what’s important to you. They can also give you an overview of what to expect during mediation. You could even choose a divorce lawyer as your mediator if you and your spouse want to, but both of you should still consult separately with your own attorneys. You don’t want to feel unhappy after the agreement is signed. Consulting with a lawyer helps give you more reassurance that you’ll be satisfied.

Using a mediator to create a co-parenting plan is a great way to come up with an agreement that works with both of your schedules and preferences. Mediators are experienced with the different types of custody schedules that parents can use. They are also skilled at facilitating discussions and calming down a situation that’s about to get out of control. Contact the Law Office of Joanne Kleiner in Montgomery County at 215-886-1266 if you’re interested in learning more about the process.

Feb 02

How Long Do Alimony Payments Last?

How Long Can You Receive Alimony Payments?

Each year, roughly 450,000 people receive alimony payments. This money can be a way of compensating newly divorced spouses for the unpaid labor they performed during their marriage, but it usually is not meant to last forever. If you are receiving alimony payments, understanding how long they will last can help you make smart financial choices.

There’s No Set Rule for Alimony Length

Unlike child support, there are no legal requirements for how much alimony a person gets or how long alimony lasts. If a couple comes to their own decision regarding alimony length, the court rarely interferes with a divorce lawyer drafting an agreement. However, if two people cannot reach a fair decision on their own, the court may get involved. Typically, judges determine the length of alimony based on factors such as:

  • How old both parties are
  • The length of the marriage
  • Each spouses’ realistic earning potential
  • How many savings each spouse has
  • Whether the spouse has custody
  • What each spouse’s marital expectations were
  • Whether the marriage ended due to infidelity

Though there’s no strict rule, most alimony payments tend to last for somewhere between 15 percent to 40 percent of the length of the marriage. The average alimony payments end within 5 to 10 years of the marriage ending.

Alimony Often Ends Once a Spouse Can Support Themselves

In most cases, alimony is meant to support a spouse who gave up their career to assist their partner with things like childcare and home care. Therefore, alimony is supposed to bridge the gap between a person leaving their spouse and rebuilding their career. Often, the alimony is set to end once a person has had a reasonable amount of time to become self-sufficient.

There can be various ways of determining this. The most common guideline is that alimony ends after remarriage. Pennsylvania law also acknowledges that alimony usually should end if the recipient is cohabitating with another party in a marriage-like arrangement. In some cases, a couple may agree for alimony to end after a person graduates from school, or any minor children leave the home. One party can always ask for alimony to end after a situation changes. Therefore, if one spouse gets a high-paying job, their ex may be able to petition the court to end alimony payments ahead of schedule.

Permanent Alimony Is Rare

It is extremely rare for a court to order indefinite alimony with no specific end date. This usually only happens after the end of long marriages in which one spouse has no savings or work experience. The most common example of this happens when two people get married at a very young age, have children immediately, decide to have one parent stay at home and do not divorce until they are seniors. Since a senior with absolutely no job history is unlikely to get a job that pays decently, they could need alimony for the rest of their life.

Permanent alimony can also occur if a spouse is incapacitated. If one person has a mental or physical condition that keeps them from caring for themselves, that individual may need alimony to survive. The court is also more likely to order extreme alimony amounts when one spouse has a lot of money and the other has none. So if one spouse is a millionaire and the other spent the 20 years of marriage without working at all, lifelong alimony is a little more likely.

If you are in a situation in which alimony can be helpful, it’s important to consult with a divorce lawyer as soon as possible. An attorney can help you draft an alimony agreement that suits your needs. At the Law Office of Joanne Kleiner, our team will work hard to help you get the alimony you deserve. Learn more about our Jenkintown divorce services by calling (215) 886-1266 or filling out our contact form.